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ritorial treasury all funds in his hands belonging thereto on the fifteenth day of December and June; annually, and will be entitled to receive twenty-five cents per mile, each way, by the nearest route, in making his return, which he may receive either by a credit on his account or by separate allowance by the auditor.

SEC. 57. For the purpose of enabling such assessor or his deputy to make such assessment, he shall demand the necessary statement, under oath or affirmation, from such person, and from the president, cashier, treasurer, or managing agent of each corporation, association, company, or firm, of the total amount received or produced from his or their mine or mines, interest, share, or stock in such mine or mines by the reduction of ores, sale of rock or quartz, or any material of value whatever, or from all other sources of every kind or character, together with the amount necessarily expended in producing the same during the year next preceding the time of making such statement to the assessor or his deputy; such assessor or his deputy shall then enter the total amount specified in such statement opposite the name of such person or persons, firm, corporation, association, or company assessed.

SEC. 58. If any person, officer, or agent shall neglect or refuse, on request of such assessor or his deputy, to make such statement under oath or affirmation, such assessor or his deputy shall make an estimate of the probable gross proceeds of such mine or mines, or such interest, stock, or share therein, together with the amount necessarily expended in producing the same, for the year next preceding such refusal or neglect, and the value so affixed by such assessor shall not be reduced by the board of equalization. Provided, That the assessment authorized to be made by the provisions of the next preceding section of this act shall be equalized, duplicated, and collected in the same manner and time as other taxes are under the provisions of this act.

SEC. 59. The net proceeds from all mines or mining claims, or from all stock, shares, or interest therein, of every person, corporation, association, firm, or company, shall be assessed and taxed in the county wherein the mine or mining claim is located.

SEC. 60. That for the purpose of collecting the revenue of the Territory, and preventing the evasion of the license laws now in force upon the general statutes of this Territory, all billiard tables, bar fixtures, and furniture belonging to, or in use for carrying on

the business of any billiard hall, drinking saloon, restaurant or eating house, are held liable for the amount due for the license tax assessed on the same; and it is hereby expressly provided that upon the failure of the parties keeping any such establishment, or exercising ownership thereon, to pay the license of the same in manner and form provided by law, the tax collector of the county, town, or district where such establishment may be located, or properly authorized officers whose duty it shall be to enforce the collection of any such license, may seize any such table, bar fixtures, saloon fixtures, and such appurtenances, and shall proceed to sell, as upon execution at law, any such articles, or so much thereof as may be required for the payment of such tax or license as may be due and owing on account of the same.

POLL TAX.

SEC. 61. Each white male inhabitant of this Territory over twenty-one and under fifty years of age, and not by law exempt, shall pay a poll tax, for the use of the Territory and county, of three dollars. The same shall be collected at the time that other taxes herein specified are collected, and to enforce the collection of the same, the treasurer is hereby authorized to seize so much of any and every species of personal property whatever, claimed by any person liable to, and refusing or neglecting to pay his poll tax, and proceed in the same manner as against other delinquents, as provided in this act.

SEC. 62. All money collected as poll tax under the provisions of this act, after the expenses of collecting are paid, shall be paid into the county treasury, one-third thereof to be appropriated to Territorial purposes, and the remaining two-thirds to county purposes.

SEC. 63. The collectors shall be authorized to receive gold dust at the current rates for any tax that may be levied by reason of any provisions of this act.

SEC. 64. This act shall take effect and be in force from and after its passage.

[Approved February 6, 1865.]

AN ACT concerning Divorce and Alimony.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. 1. In any case in which a marriage has been or may hereafter be contracted and solemnized between any two persons, and it shall be adjudged in the manner hereinafter provided that either party at the time of their marriage was and continued to be impotent naturally, or that he or she had a wife or husband living at the time of such marriage, or that either party has committed adultery subsequent to such marriage, and that such husband and wife have not lived and cohabited together after having a knowledge of such adultery, or that such husband or wife has wilfully absented himself or herself from such husband or wife without any reasonable cause for the space of one year, or that a husband has wilfully deserted and absented himself from his wife, and departed from this Territory without intention of returning, or that either party have been guilty of habitual drunkenness for the space of one year, or been guilty of extreme cruelty, or been convicted of felony or other infamous crime, and such parties have not lived and cohabited together as husband and wife after such conviction, it shall be lawful for the injured party to obtain a divorce and dissolution of such marriage contract; but no such divorce shall in anywise affect the legitimacy of the children of such marriage.

SEC. 2. The district court sitting as a court of chancery shall have jurisdiction in all cases of divorce and alimony by this act allowed, and the like process, practice, and proceedings shall be had as they are usually had in other cases in chancery, except as hereinafter provided.

SEC. 3. No person shall be entitled to a divorce in pursuance of the provisions of this act who has not resided in this Territory one whole year previous to filing his or her bill, unless the offence or injury complained of was committed within this Territory, or whilst one or both of such parties reside in this Territory.

SEC. 4. If it shall appear that the injury or offence complained of was by collusion of the parties for the purpose of obtaining a

divorce, or that both parties had been guilty of adultery, when adultery is the ground of complaint, then no divorce shall be decreed.

SEC. 5. In all cases of divorce, where the defendant shall appear and deny the charges alleged in the complainant's bill, the same shall be tried by a jury; but if the bill is taken as confessed, the court may proceed to a hearing of the cause by the examination of witnesses in open court, or may refer the matter to the master in chancery to take proofs; but any marriage which may have been celebrated in any other State or Territory may be sufficiently proved by the acknowledgments of the parties, their cohabitation as husband and wife, or other circumstantial evidence.

SEC. 6. When a divorce shall be decreed, it shall and may be lawful for the court to make such order touching the alimony and maintenance of the wife, the care and custody of the children, or any of them, as from the circumstances of the parties and nature of the case shall be fit, reasonable and just; and in case the wife be complainant, to order the defendant to give reasonable security for such alimony and maintenance, or may refuse the payment of such alimony and maintenance in any other manner consistent with the rules and practice of the court, and may also grant alimony "a pendente lite," and the court may on application, from time to time make such alterations in the allowances of alimony and maintenance as shall appear reasonable and just.

SEC. 7. Any woman suing for a divorce who shall make it appear to the court that she is poor and unable to pay the expenses of such suit, shall be allowed by the court to prosecute her suit without costs, and in such cases the fees shall be charged to the county in which such applicant resides.

SEC. 8. The same rule of proceeding shall be had as in other cases in chancery, and upon the hearing the court shall have the power to decree a dissolution of the bonds of matrimony if the causes mentioned in this act are proven to exist.

SEC. 9. This act shall take effect, and be in force, from and after its passage.

[Approved February 7, 1865.1

AN ACT to locate the seat of Government of Montana Territory.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. 1. The seat of government of the Territory of Montana be and the same in hereby located at the city of Virginia, in the county of Madison.

SEC. 2. The actual site of said capitol buildings shall be within the corporate limits of the city of Virginia, and the ground for the same shall be selected by three commissioners, to wit: George Christman of Bannack City, R. B. Parrott of Virginia City, and W. F. Sanders of Virginia City, who shall have power to perfect a title for the same at a cost of not more than two hundred dollars; and the grounds so selected by a majority of said commissioners shall be the site of the seat of government for this Territory.

SEC. 3. The commissioners shall within ninety days after the adjournment of the present legislature meet at the city of Virginia and proceed to select the ground, as prescribed in the previous section, and shall make a statement of the same, under oath, which with other papers relating thereto shall be placed on file in the office of the secretary of the Territory.

SEC. 4. The commissioners shall be allowed the sum of ten dollars each per day while engaged in locating said capitol grounds, and thirty cents per mile in travelling to and from the city of Virginia on said business, and that one week be allowed for said purpose, which said money shall be paid out of the treasury of the Territory from moneys not otherwise appropriated.

SEC 5 All the civil officers of this Territory whose residences are required by law to be at the seat of government hereby established, and all of the officers of this Territory who are required by law to keep their offices at the seat of government, are required to move their offices to the said seat of government at the earliest practicable time.

SEC. 6. This act to take effect and be in force from and after the adjournment of the present legislative assembly.

[Approved February 7, 1865.]

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